discretion to the Government authority not to grant citizenship, even if the conditions are met, it is not fully
in line with the 1961 Convention.
4.3.1.2 BIRTH OUTSIDE THE STATE’S TERRITORY
Article 4 of the 1961 Convention sets forth the obligation of a Contracting State to “grant its nationality to a
person, not born in the territory of a Contracting State, who would otherwise be stateless, if the nationality
of one of his parents at the time of the person’s birth was that of that State.”
A child born to at least one Lithuanian citizen acquires citizenship of Lithuania by operation of law, whether
born in Lithuanian territory or abroad.330 Lithuanian law extends citizenship to children born to parents
both of whom are stateless permanent residents of Lithuania, whether the child is born in Lithuania or
abroad.331 These provisions contain a strong jus sanguinis safeguard against statelessness, as well as further
safeguards, for which Lithuania should be commended.
4.3.1.3 FOUNDLINGS
Article 2 of the 1961 Convention provides that “a foundling found in the territory of a Contracting State
shall, in the absence of proof to the contrary, be considered to have been born within that territory of parents
possessing the nationality of that State.” The question may be raised as what exactly are the conditions for
a child to be considered as such. At a minimum, the safeguard for Contracting States to grant nationality
to foundlings is to apply to all young children who are not yet able to communicate accurately information
pertaining to the identity of their parents or their place of birth. This flows from the object and purpose of
the 1961 Convention and also from the right of every child to acquire a nationality. A contrary interpretation
would leave some children stateless.332
Under Lithuanian law, a child found or living in its territory of which both parents are unknown, is “considered
to be born in the territory of the Republic of Lithuania and acquires citizenship of the Republic of Lithuania,
unless it is revealed that the child had acquired citizenship of another state or other circumstances are
discovered, by reason of which the child would acquire citizenship of another state.””.333 This provision also
applies to a child of which one or both parents are dead, are recognized as missing or legally incompetent; or
where the child has been placed under permanent guardianship.334 An expert at the Migration Department
has confirmed to the researcher that under circumstances relevant to the citizenship of foundlings, the age
limit is 18 years.335
The Lithuanian citizenship rule for foundlings, which this report presumes will be interpreted in accordance
with the 1961 Convention, as well as Article 1 of the 1954 Convention, encompasses a strong safeguard
against statelessness, and Lithuania is to be applauded for this provision.
330
Law on Citizenship, Article 14.
331
Law on Citizenship, Article 15.
332
UNHCR Guidelines on Statelessness No. 4, paras 57-61.
333
Article 16 of the Law on Citizenship.
334
Ibid.
335
Under Lithuanian law, a child is a person younger than 18 years.
U N H C R S TO C K H O L M , M AY 2 0 1 6
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